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U. S. DEPARTMENT OF LABOR 

^ 1> 4 bureau of naturalization 


SYLLABUS OF THE 
NATURALIZATION LAW 


AN AID TO PUBLIC-SCHOOL TEACHERS 
IN THE INSTRUCTION OF ALIENS IN 
THE REQUIREMENTS OF THE 
NATURALIZATION LAW 


PREPARED IN THE BUREAU OF NATURALIZATION 
U. S. DEPARTMENT OF LABOR 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 
1918 










NATURALIZATION. 

THE DECLARATION OF INTENTION. 

The first step necessary is to establish a residence. After this has 
been done the declaration of intention to become a citizen may be 
made in the State naturalization court in the county in which the 
alien lives or in the nearest United States district court having juris¬ 
diction over the place of residence of the alien. It is not lawful to 
make a declaration of intention before the clerk of any court on elec¬ 
tion day or during the period of 30 days preceding the holding of 
any election in the jurisdiction of the court. The alien must go to the 
office of the clerk of court. He does not need to have anyone accom¬ 
pany him. He does not need to be able to sign his name; signature 
by mark will be sufficient. The declaration should show the true 
original name in full used in the old country, and if he has used any 
other name in this country the alias or assumed name should also be 
shown. The preliminary form furnished for presentation of the 
facts may be obtained by the superintendent of schools or other 
school authority upon application to the Bureau of Naturalization. 
The school-teacher should aid the alien in making out this form so 
that he will not be required to pay for this service. The cost for 
filing a declaration is" $1, to be paid to the clerk when the paper is 
executed. 

Any alien, male or unmarried female, over 18 years of age, may file 
a declaration of intention. Under the laws of the United States as 
interpreted by the United States Supreme Court the national status 
of the wife is governed by that of her husband. 

The date of arrival and the name of the ship or method of con¬ 
veyance (railroad, etc.) must be stated as accurately as possible. 
This information may be obtained from the Bureau of Naturaliza¬ 
tion, but the alien should be required to make a careful search and 
inquiry before calling upon the bureau. The experience of the bureau 
has been that in most cases it is unnecessary for it to obtain the 
information. To enable the foreigners to get this information ready 
by the time it is necessary, the matter should be brought up by the 
teacher in the discussion and instruction given these students. 

The particular renunciation of allegiance must be stated; the cor¬ 
rect form (in effect June 1,1918, and amended) is given in the list of 
rulers shown in the appendix. In view of the changes from time to 
time of rulers of countries this list must not be considered as perma- 

75831°—18 (2) 


D. Of 
OCT 23 1918 


3 



nent, but hew editions will be furnished whenever changes are made. 
The facts to be shown are set forth in the preliminary form, and no 
further description seems necessary. The full significance of the 
declared intention to renounce all allegiance and fidelity to every 
foreign prince, potentate, State, or sovereignty, and particularly to 
the sovereign of whom the declarant is now a subject, should be fully 
pointed out and some idea of the transformation from the status of 
the subject of a monarchy to that of a citizen of a republic should 
be clearly given so that at the outset the foundation may be laid 
for an understanding of the full dignity of citizenship in this coun¬ 
try. The school-teacher should find this subject rich in opportuni¬ 
ties for excellent results. 

A complete definition should be given to the terms “ anarchist ” 
and “polygamist” and an affirmative admission obtained from the 
student after a full understanding that under oath he can swear that 
he is net a believer in the practice of polygamy or anarchy. It should 
be ascertained that it is the intention of the prospective declarant to 
reside permanently in the United States. 

The bureau does not advocate the purchase of any of the small 
pamphlets containing questions and answers upon the Constitution 
of the United States, and urges the teacher to discourage the pur¬ 
chase of these pamphlets. The amount of information to be obtained 
from them is so wholly below that which the school authorities can 
afford through elemental instruction as to dictate this course. The 
Student’s Textbook, furnished by the Bureau of Naturalization, 
embodies the best thought of the public-school teachers throughout 
the country, conversant by actual practice and daily contact with 
the instruction of the foreigner, and it should be used. The founda¬ 
tion to be obtained from its study is a broad one and fundamental 
to the comprehension of the institutions of our Government. The 
question-and-answer plan should be discarded and substituted by 
the course of training which the plan of the Bureau of Naturaliza¬ 
tion contemplates. This plan has in view the broadening and deep¬ 
ening of the intellectual capacity and the actual fitting of the dec¬ 
larant for the responsibilities of everyday life and thereby stimu¬ 
lating within him a love for this country by reason of this very 
interest which is being shown in the welfare of the individual candi¬ 
date for citizenship by the cooperation of the public schools with 
the National Government in his advancement. 

THE PETITION FOR NATURALIZATION. 

' 1 

The petition must be filed after two and before seven years from 1 
the date of the declaration. The law provides that a declaration j 
shall become invalid for all purposes seven years after its date. 


4 


The petition, like the declaration, must be filed in the office of the 
clerk of court, either State or Federal, which has jurisdiction over 
the place of residence of the applicant. 

Before undertaking to file a petition the alien should obtain the 
proper preliminary form to show the facts and dates for the petition. 
This form may be obtained from the school authorities, who should 
assist in filling it out. Most of the statements made in a declaration 
are shown in the petition also. Some of this information in the 
former, therefore, may be copied in the proper spaces on the pre¬ 
liminary form for petition. 

An applicant must have resided continuously in the United States 
for not less than five years immediately preceding the date of filing 
his petition, at least the last year of which must have been spent in 
the State in which the application is filed. If he has resided in the 
State for five years or more, when he files a petition before the clerk 
and again at the hearing before the court he must have with him tAvo 
citizen witnesses who have a personal knoAvledge of the petitioner 
sufficient to enable them to verify the petition by affidavit and per¬ 
sonally testify to his good moral character and to five years’ con¬ 
tinuous residence in the State and the United States. 

If the applicant has resided in the State for at least one year but 
less than five years, he must have with him when he files his petition 
in the clerk’s office two witnesses, citizens of the United States, Avhose 
personal knowledge is sufficient to enable them to verify at least the 
entire period of State residence, and moral character for that period. 
The remaining portion of the five years spent in some other State 
may then be established by the testimony of the same or other 
Avitnesses appearing in person in court at the final hearing or by 
depositions taken under section 10 of the law. The required form for 
deposition notice, containing appropriate instructions, should be ob¬ 
tained (if necessary to be used) from the clerk of court when the 
petition is filed. 

The alien will not be eligible at the end of tAvo years from the date 
of the declaration to petition for naturalization unless he has resided 
continuously for the last five years in the United States, and unless 
the year immediately preceding the filing of the petition has been in 
the State in which naturalization is sought. Five years’ residence 
must be complete, with the holding of a declaration of intention two 
years old. If an alien should declare his intention during the first 
year of his residence, his five years’ residence must be completed. If 
he should declare his intention after seven years’ residence, the tAvo 
years must intervene after the date of his declaration before filing 
his petition. 

The laAv plainly contemplates strict compliance with its require¬ 
ments as to residence and proof of moral character for the entire 
five years, and the courts of both original and appellate jurisdiction 


5 


have repeatedly so held. Many courts have denied petitions and 
canceled certificates of naturalization because of the absence of the 
petitioner from the United States for only a few months during the 
five years, and have taken similar action where the witnesses have 
not had actual personal knowledge as to the residence and character 
of the applicant for the entire period. It has been held by some courts 
that information gained through correspondence by the witnesses 
concerning the petitioner is insufficient to meet the requirements as 
to personal knowledge. 

If the last arrival of the applicant in the United States was before 
June 29 , 1906 , he should use form 2214, “Facts for petition for 
naturalization,” and after completing it should appear before the 
clerk of the court with two citizen witnesses, taking his declaration of 
intention and being prepared to pay the clerk the filing fee of $4 re¬ 
quired by law. No additional fee is required for the issuance of the 
certificate of naturalization, if granted. 

If the last arrival occurred after June 29 , 1908 , the applicant should 
obtain a form 2226, “Request for certificate of arrival,” which is 
combined with facts for petition for naturalization, and complete and 
forward it to the Bureau of Naturalization, Washington, D. C., 
accompanied by his declaration of intention. The law requires a 
certificate of arrival (if arrival occurred after June 29, 1906) to be 
attached to the petition when it is executed. The applicant in such 
case, therefore, should not appear before the clerk to execute a peti¬ 
tion until notified by the Bureau of Naturalization to do so. He is 
notified when the certificate of arrival and declaration have been sent 
forward to enable him to file petition. Both of the forms (Nos. 2214 
and 2226) contain instructions, and show the requirements of law as 
to proof of residence. 

The applicant must be able to speak the English language unless 
physically unable to do so or unless he has a homestead entry on 
public lands. The petition must be signed by the applicant in his 
own handwriting, and, among other things, if he has children, show 
the name, date, and place of birth, and residence of each child living 
when the petition is filed, including all over the age of 21 years. 

Hearing by the court on a petition can be had only on a regular 
rule day or date fixed by order of court for the disposition of natu¬ 
ralization petitions occurring not less than 90 days from the date of 
the petition. 

No person may be naturalized, nor may a certificate of naturaliza¬ 
tion be issued, within 30 days preceding a general election, except 
the alien be in the military or naval service of the United States.* 

*Note. —Information will be furnished by the Bureau of Naturalization upon 
request as to the status of an alien serving in or honorably discharged from 
any branch of the United States Armies or United States Navy. Full details 
should be given by the correspondent when writing to the bureau. 




6 


Many of the courts have laid down the rule that they will not 
naturalize aliens whose wives reside abroad. 

If the applicant desires his name changed, it may be done a£ a part 
of his naturalization; and application for such change should be 
included, by proper statement, in the facts form and shown in the 
petition. 

It is to the interest of an alien desiring naturalization to comply 
to the fullest extent with the plain requirements of the law before 
filing his petition. If he clearly comes within its provisions before 
proceeding, he will obtain a citizenship status upon which he can rely 
at all times, will be accorded full recognition as a citizen of the 
United States, and may avoid possible embarrassment, unnecessary 
expense, and delay. In order to obtain this status he should defer 
or expedite the filing as the circumstances dictate. The Supreme 
Court of the United States in stating the rule that the matter of ac¬ 
quiring citizenship by an alien is merely a privilege, not a right, said: 


“An alien friend is offered, under certain conditions, the privilege 
of citizenship. He may accept the offer and become a citizen upon 
compliance with the prescribed conditions, but not otherwise. His 
claim is of favor, not of right. He can only become a citizen upon 
and after strict compliance with the acts of Congress. An applicant 
for this high privilege is bound, therefore, to conform to the terms 
upon which alone the right he seeks can be conferred. It is his 
province, and he is bound, to see that the jurisdictional facts upon 
which the grant is predicated actually exist, and if they do not he 
takes nothing by his paper grant.” 


Courts may cancel certificates of naturalization because procured 
not only through fraud but under a misapplication or misinter¬ 


pretation of the law by the court admitting to citizenship, the judges 
in many such cases having given liberal interpretation and effect to 
the law in an endeavor to be lenient because of supposed exceptional 
circumstances. 

Naturalization offices are maintained in the following cities, and 
all questions will be cheerfully answered or forms furnished upon 
request by the officers stationed there. The school-teachers are urged 
to call upon them for information and guidance. The office of the 
chief naturalization examiner in New York City is No. 5 Beekman 
Street and the office of the chief naturalization examiner at Boston 
is in the Old South Building. With these two exceptions the offices 
of the Naturalization Service are located in Federal Buildings: 


Washington, D. C. 
Boston, Mass. 

St. Paul; Minn. 

San Francisco, Cal. 
Sail Antonio, Tex. 
Duluth, Minn. 

Des Moines, Iowa. 
Detroit, Midi. 


$ Philadelphia, Pa. 
f Pittsburgh, Pa. 

| Denver, Colo. 

; St. Louis, Mo. 
Cleveland, Ohio. 
Los Angeles, Cal. 
Omaha, Nebr. 
New York, N. Y. 


Chicago, Ill. 

Seattle, Wash. 

New Orleans, La. 
Buffalo, N. Y. 

Salt Lake City, Utah. 
Portland, Oreg. 


APPENDIX. 


• _ 

FOREIGN SOVEREIGNTIES AND TITLES OF THEIR RULERS. 

The following list contains the names and titles of the rulers of foreign sov¬ 
ereignties, together with the names of foreign republics, as they should be used 
by clerks of courts in preparing declarations of intention and petitions for 
naturalization in conformity with law: 

Abyssinia-Lij Eyassu, King of Kings of Ethiopia. 

Austria-Charles, Emperor of Austria and Apostolic King 

of Hungary. 

Belgium-Albert I, King of the Belgians. 

Bulgaria-Ferdinand I, King of the Bulgarians. 

Denmark-Christian X, King of Denmark. 

Germany-William II, German Emperor. 

Great Britain and Ireland, 
and the British Dominions 

beyond the Seas_George V, King of Great Britain and Ireland. 

Greece_Alexander, King of the Hellenes. 

Hungary_..Charles, Emperor of Austria and Apostolic King 

of Hungary. 

Italy_Victor Emmanuel III, King of Italy. 

Luxembourg_Marie Adelaide, Grand Duchess of Luxembourg. 

Monaco_Albert, Prince of Monaco. 

Montenegro_Nicholas I, King of Montenegro. 

Netherlands_Wilhelmina, Queen of the Netherlands. 

Norway_Haakon VII, King of Norway. 

Roumania_Ferdinand I, King of Roumania. 

Russia_The Present Government of Russia. 

Servia_Peter I, King of Servia. 

Spain_Alfonso XIII, King of Spain. 

Sweden_Gustavus V, King of Sweden. 

Turkey_Mehenmied VII, Emperor of the Ottomans. 

FOREIGN REPUBLICS AND FORM OF RENUNCIATION OF 

ALLEGIANCE. 

Andorra_The Republic of Andorra. 

Argentine Republic_The Argentine Republic. 

Bolivia_The Republic of Bolivia. 

Brazil_The United States of Brazil. 

Chile_The Republic of Chile. 

Colombia_The Republic of Colombia. 

Costa Rica_The Republic of Costa Rica. 

Cuba_The Republic of Cuba. 

Ecuador_The Republic of Ecuador. 


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France_ 

Guatemala_ 

Haiti___ 

Honduras_ 

Liberia_ 

Mexico_ 

Nicaragua_ 

Panama_ 

Paraguay_ 

Peru_ 

Portugal_ 

Salvador_ 

Santo Domingo 

San Marino_ 

Switzerland_ 

Uruguay_ 

Venezuela_ 



0 012 321 592 8 Q 


__The French Republic. 

..The Republic of Guatemala. 
..The Republic of Haiti. 

...The Republic of Honduras. 
..The Republic of Liberia. 

_JThe United States of Mexico. 
__The Republic of Nicaragua. 
_.The Republic of Panama. 

..The Republic of Paraguay. 

..The Republic of Peru. 

_The Republic of Portugal. 

..The Republic of Salvador. 

..The Dominican Republic. 

..The Republic of San Marino. 
..The Swiss Confederation. 

_The Republic of Uruguay. 

..The United States of Venezuela. 


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